PCN (NW) LTD taking me to court

Scouse_Magic

PCN PARKING SERVICES & WWW.PAYMYPCN.NET ARE TRADING NAMES OF ROXBURGHE (UK) LTD REGISTERED OFFICE: KINGS PARADE, LOWER COOMBE STREET, CROYDON, SURREY, CR0 1AA. REGISTERED IN ENGLAND & WALES: REG NO: 3137269. VAT NO: 840 4560 44


Now thats a result :money:

Scouse_Magic

vickykelly wrote: »

Ok so I parked on my work (college) car park in a disabled bay during an evening event and parked in a disabled bay as I had my mother with me. She forgot to out her blue badge out and I got a ticket from PCN (NW) LTD, this was in November last year.

After taking advise from this forum I ignored the ticket and the inevitable correspondence that followed from Roxburghe solicitors and then Graham White solicitors and yesterday I got a claim form from Nothampton County Court saying PCN are claiming £235.57 from me for a ange of things .

I live in Liverpool so Northampton????

Any advise with regards to this? Shall I just pay it or do I stand a good chance if I defend it?

Thanks in advance for any help

GPB are now closed by the Solicitors Regulation Authority.....

Merry Xmas

kirkbyinfurnesslad_2

Scouse_Magic wrote: »

GPB are now closed by the Solicitors Regulation Authority.....

Merry Xmas

It is however not a simple end to any claims issued by pcn nw

Scouse_Magic

kirkbyinfurnesslad wrote: »

It is however not a simple end to any claims issued by pcn nw

It will always be simple as long as You or Your mates are not involved...

Your'e not even a solicitor, your'e a fantasist, now go away, you bore me to death and nothing you post makes any sense and never will :money:

Stroma

Scouse_Magic wrote: »

It will always be simple as long as You or Your mates are not involved...

Your'e not even a solicitor, your'e a fantasist, now go away, you bore me to death and nothing you post makes any sense and never will :money:

And neither are you! You are no more an expert than any other person who hasn't qualified in law. And Scouse to be honest you are boring us to death with this! Stick to advising people constructively or don't bother at all !!!

kirkbyinfurnesslad_2

Scouse_Magic wrote: »

It will always be simple as long as You or Your mates are not involved...

Your'e not even a solicitor, your'e a fantasist, now go away, you bore me to death and nothing you post makes any sense and never will :money:

What I post makes lots of sense to lots of people:) unlike rants on tube. Both shouting down the phone, stuff which isn't factually correct.

I take a lot of pleasure knowing the people I've helped in what ever way has made their life a bit easier.

I've had lots of very grateful emails.
Phone calls of very relieved people
offers to buy me drinks.

now that makes it all worthwhile. I can sit here with a smile of my face:)

And no I have no legal qualifications. I have never said I have:)

Just someone who stands up to ppcs and sticks his neck on the line

vickykelly

For those of you offering up help and advice which can actually be useful to me thank you so much.

Can the others please get a room, I.e. Start your own thread for all your !!!!!ing, I don't want to read it no more, Jesus your making me want to pay the bleeding ticket!

vickykelly

Hi Lazy Daisy or anyone else who could help.

You gave me some guidance a while back regarding fighting against a PCN and I really appreciate that. Unfortunately after complaining I have receive nothing back other that from BPA to say they have received my complaint and are pursuing it with PCN (nw).

So now I am trying to put together a skeleton defence , so far I have the following and I would really appreciate your advise?

The defendant denies the claimants claim in full.

In particular:
1. The claimant has no legal standing to pursue court action against the defendant due to;
The claimant is pursuing the defendant as the registered keeper of the vehicle which can only be done under the Protection of Freedom Act 2012 (PoFA 2012) legislation which renders the registered keeper liable for the charges if they fail to inform who the driver is. The PoFA 2012 states:
(8.4) The notice must be given by:- (a) handing it to the keeper, or leaving it at the current address for service for the keeper, within the relevant period or; (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
5. The relevant period for the purpose of sub-paragraph 4 is the period of 28 days

In this particular case the alleged date of offence is the xxxx and the date of the Parking Charge Notice - Notice to Registered Keeper is the 4th Xxxxxxx which is 103 days after the alleged date of the offence clearly outside of the 28 days period as required for the claimants claim to be valid.

The poor practise of the claimant continues with a failure to notify the defendant of court proceedings by way of a 'Letter before Claim' which is a requirement of Practise Defence, regarding Pre-Court Action.

The ticket was for parking in a disabled spot without displaying a blue badge, do I also need to contest that?

I know it is a 'skeleton defence' but I'm afraid there in not much content, could you give me your thoughts please?

Thanks in advance.

Coupon-mad

Have a look at Ed666's thread near yours at the moment; I have just replied on it and he is putting a detailed defence together.

Be aware his case is pre-POFA and so he can argue no registered keeper liability at all (but I am sure you can argue the same point in a different way, as PCN(NW) won't have jumped through the hoops of paragraph 8 of Schedule 4 of the POFA 2012 (Google it and check more than just 8.4).

I do hope your nearest court isn't St Helens where jangofett on pepipoo lost against UKCPS with a judge who wouldn't listen.

You CERTAINLY need to expend the right of the passenger to have the car parked in a disabled bay when they are disabled (Blue Badge or not). The bay is there for disabled people as a reasonable adjustment under the Equality Act 2010 and (like in the case of Excel v Greenwood 4th Oct 2013) no Blue Badge is needed under the EA. A reasonable adjustment should have been made to remove the discrimination & detriment suffered (i.e. cancel the PCN), as soon as the PPC 'knew or should have known' about the disability. Read the case as one of these here:

http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

You will need to cite some of these to help your case, so read them!

vickykelly

Update: just received a letter from Gladstones Solicitors to say they have taken over my case and have given me notice to proceed. Really don't want to go to court, any advice anyone?